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signed a lease but never moved in...

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J

jsw

Guest
I live in Michigan. Back in 1998, in the beginning of a VERY stressful and emotionally exhuasting divorce, I thought it necessary to find an apartment to rent, leaving my children with thier father. That alone tells you just how off the wall my ability to think was, at the time. I signed a years lease < I think it was for a year> for a 2 bedroom apartment. I saw the apartment once and was given the keys the following day, but never returned to the apartment. Instead, I was advised to get a divorce lawyer, which I did that day, and he advised me to return the keys to the apartment, this all occurred in the same week. The landlord insisted I owe her a years rent, stating she could not rent it out. I have since found out that there was no potable water in this unit, only bottled water could be used for consumption and cooking. Now this outrageous fee is in the hands of a collection agency....do I have to pay??
 


Cvillecpm

Senior Member
Dispute the claim with the collection agency in writing AND determine the statute of limitations on a written contract. Landlady's claim may exceed her ability to collect.
 
J

jsw

Guest
I'm sorry, but where do I even begin to find the statute of limitations on written agreements for Michigan? I have spent the last hour hunting thru link after link of Michigan law without knowing what I am doing. I cant afford a lawyer. Any suggestions?
 
J

justathought

Guest
I did a Yahoo! search on "Michigan written contract statute limitations" and the quickest result was:

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

...which says 6 years. But I don't know how accurate the link is, which is why I provided it.

Why didn't the lawyer who advised you to return the keys also advise you to get a written release? Perhaps he can advise you because you took his advice leading to this issue?

Personally, I would also get in touch with your local RHA (rental housing association). I had a lousy landlord and no money for a lawyer and my local RHA was a godsend in terms of dealing with her. They are usually quite good with the local landlord/tenant laws and ours offered free advice.

You also may wish to try the Michigan Bar Association. They should have links for lawyer referral or low-cost legal services.

Hope any of this helps... Good luck!
 
R

rentertoo

Guest
Yes dispute the charges in writing.

Also mention there was NO running water which make s it an illegal apartment, and the landlord is not entitled to any rent, until it was brought up to code.

(ok ya gotta shove it back on her to prove it was a legal apartment and she was entitiled to rent)

also the lawyer might rememeber saying this to you and will write a letter on you behalf.

Bottom line you probably are liable for one months rent, so the security covered that, but if she couldnt rent it out its her fault, not yours
 
J

jsw

Guest
Thanks so much for the help....I will contact the RHA and see what they suggest. This site in itself is a godsend to me this week! :)
 

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